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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of James R. Winstead Licensee of Amateur Station KD5OZY
   Coleman, Texas ) ) ) ) ) ) ) File No.: EB-FIELDSCR-14-00013418 NAL/Acct.
   No.: 201432500003 FRN: 0005642657




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: February 19, 2014 Released: February 19, 2014

   By the District Director, Dallas Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that James R. Winstead, licensee of Amateur Station KD5OZY, in
       Coleman, Texas (Station), apparently willfully violated Section 333 of
       the Communications Act of 1934, as amended (Act), and Section
       97.101(d)  of the Commission's rules (Rules),^ by operating a radio
       transmitter to interfere with the communications of other licensees.
       We conclude that Mr. Winstead is apparently liable for a forfeiture in
       the amount of seven  thousand dollars ($7,000).

   II. BACKGROUND

    2. On January 21, 2014, in response to several complaints of intentional
       interference from amateur licensees on the frequency 7.195 MHz, an
       agent of the Enforcement Bureau's Dallas Office (Dallas Office), using
       mobile direction finding techniques, positively identified the source
       of transmissions to 207 S. Commercial Avenue, Coleman, Texas, the
       address of record for Mr. Winstead's Station. The agent monitored the
       transmissions emanating from the Station for approximately 30 minutes
       and heard Mr. Winstead replay multiple times short sentences or
       conversations that had just been transmitted and occasionally speak
       the word "George." Mr. Winstead replayed recorded conversations so
       frequently that other licensees were unable to complete their
       conversations.^ The agent identified himself, requested to inspect the
       radio station located on the premises, inspected Mr. Winstead's
       amateur radio station, and observed that his radio equipment was tuned
       to the frequency 7.195 MHz. During the inspection, Mr. Winstead showed
       the agent how he recorded and retransmitted other amateur licensees'
       communications. He also admitted that he intentionally interfered with
       amateur communications on 7.195 MHz and had an ongoing disagreement
       with another amateur licensee named George.

   III. DISCUSSION

    3. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^

     A. Intentional Interference to Licensed Amateur Radio Communications

    4. The evidence in this case is sufficient to establish that Mr. Winstead
       violated Section 333 of the Act and Section 97.101(d) of the Rules.
       Section 333 of the Act prohibits any person from willfully or
       maliciously interfering with or causing interference to any radio
       communications of any licensed station.^ Section 97.101(d) of the
       Rules states that "[n]o amateur operator shall willfully or
       maliciously interfere with or cause interference to any radio
       communication or signal."^ On January 21, 2014, an agent from the
       Dallas Office determined that Mr. Winstead retransmitted multiple
       times short sentences and conversations of other licensees and spoke
       the word "George." These transmissions were so frequent that they did
       not appear to have any purpose other than to interfere with the
       communications of other licensees. During an inspection of his
       Station, Mr. Winstead admitted that he had been trying to interfere
       with other amateur licensees' communications. Based on the evidence
       before us, we find that Mr. Winstead apparently willfully violated
       Section 333 of the Act and Section 97.101(d) of the Rules by
       intentionally interfering with other licensed amateur radio
       communications.

    B. Proposed Forfeiture

    5. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for interference to
       radio communications is $7,000.^ In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, any history of prior
       offenses, ability to pay, and other such matters as justice may
       require.^ Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Mr. Winstead is apparently liable for a total forfeiture in the
       amount of $7,000 for intentionally interfering with other amateur
       radio communications.^ We caution Mr. Winstead, however, that future
       violations of this kind may result in significantly higher
       forfeitures.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules,
       James R. Winstead  is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of seven  thousand dollars ($7,000) for
       violations of Section 333 of the Act and Section 97.101(d) of the
       Rules.^

    7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty (30) calendar days of the release date of this Notice of
       Apparent Liability for Forfeiture, James R. Winstead SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    8. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account Number
       and FRN referenced above. Mr. Winstead shall also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted.^ When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type
       code).  Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

    9. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 445 12th Street, S.W.,
       Room 1-A625, Washington, D.C.  20554.^  If you have questions
       regarding payment procedures, please contact the Financial Operations
       Group Help Desk by phone, 1-877-480-3201, or by e-mail,
       ARINQUIRIES@fcc.gov.

   10. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
       Texas 75243, and include the NAL/Acct. No. referenced in the caption.
       Mr. Winstead also shall e-mail the written response to
       SCR-Response@fcc.gov.

   11. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting principles (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and first class mail to James R. Winstead at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   James D. Wells

   District Director

   Dallas Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 333; 47 C.F.R. S 97.101(d).

   ^ The agent estimates that Mr. Winstead disrupted approximately 20-23
   minutes worth of conversations over a 30-minute period, by transmitting
   many short transmissions totaling about 12-15 minutes.

   ^ 47 U.S.C. S 503(b).

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law.").

   ^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), recons. denied,  7 FCC Rcd
   3454 (1992).

   ^ 47 U.S.C. S 333.

   ^ 47 C.F.R. S 97.101(d).

   ^ The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See, e.g., Daniel Granda, Forfeiture Order, 19 FCC Rcd 12781 (Enf. Bur.
   2004) (imposing $7,000 forfeiture for violation of Section 333 of the Act
   and Section 97.101 of the Rules); Robert L. Meyers, Forfeiture Order, 15
   FCC Rcd 8045 (Enf. Bur. 2000) (imposing base forfeiture amount of $7,000
   for violation of Section 333 of the Act and Section 97.101 of the Rules).

   ^ 47 U.S.C. SS 333, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   97.101(d).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-204

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   Federal Communications Commission DA 14-204